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VANDENBURG v. BROSNAN

70 N.Y.2d 940 (1988)

Richard Vandenburg, Appellant, v. Timothy Brosnan et al., Defendants, and Southland Corp., Doing Business as Seven-Eleven, Respondent.

Court of Appeals of the State of New York.

Decided January 14, 1988.

Attorney(s) appearing for the Case

Irving N. Selkin and Morris Honig for appellant.

David S. Heller for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (129 A.D.2d 793). We note in addition, with respect to plaintiff's claim of commonlaw negligence, that the principles applied by the Appellate Division were recently reaffirmed by this court (see, D'Amico v Christie, 71 N.Y.2d 76

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